It’s not hard to see where this slippery slope slides. What if a teacher in a Catholic school does something directly contrary to Catholic teaching? Or, consider this possibility offered by American Catholic:
Then, too, what also about Catholic women using this principle to sue the Catholic Church in the United States because they are excluded from the priesthood? There’s absolutely no doubt that when it comes to ordination, the Catholic Church discriminates in favor of males. Should SCOTUS be able to tell the Catholic Church in the United States that it must redress the imbalance?
Yes…if, as an organization, the Catholic Church is bound by federal employment discrimination statutes.
No…if, as an organization, the U.S. Catholic Church is exempt from federal employment discrimination statutes.
Far fetched? Not to Kruger.
At oral argument, she wouldn’t categorically preclude the possibility. Instead, she told the Court that the government interest isn’t currently sufficient to justify an assault on the male priesthood. Kruger said “the government does have a compelling and indeed overriding interest in ensuring that individuals are not prevented from coming to the government with information about illegal conduct.” In other words, even if church doctrine prohibits you from settling disputes with the church through the government, the Obama administration cares not. Holder wants informants, or as the DOJ prefers to call them, complainants.
You can read the transcript of the argument with details of Kruger’s assault on religious independence.
Sometimes the radicalism of Obama’s Justice Department is on full display, like when it sues Arizona or blocks South Carolina voter ID. Other times, the radicalism creeps along the margins, as Kruger did at the Supreme Court, arguing that the long respected ministerial exception to church doctrine is no longer respected by this president and his Justice Department.
Expect a decision very soon in the case. Let’s hope if Kruger gets her way, the voters notice in November.